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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단406

사기

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. On February 23, 2012, the Defendant made a false statement to the victim C, stating, “If the Defendant lends KRW 10 million to the victim, he/she would make an investment in shares or bonds, thereby incurring profits therefrom, and then pay KRW 1750,000,000 in total and KRW 1,1755,00 in total, until May 8, 2012.”

However, in fact, the defendant has a debt equivalent to about 60 million won, and there is no special property or profit, thereby repaying the defendant's debt by borrowing KRW 10 million from the victim and repaying the defendant's debt and using it for the cost of living. Therefore, even if borrowing the above money from the victim, he did not have the intent or ability to pay the profit and the principal in accordance with the agreement or investment in stocks or bonds.

Around February 23, 2012, the Defendant received KRW 10 million from the victim as a deposit account (D) in the name of the Defendant in the bank account (D) in the name of the Defendant.

2. On April 26, 2012, the Defendant made a false statement that “If an attorney-at-law lends an intermediate payment of KRW 40 million as the intermediate payment is urgently required to purchase a building, he/she will repay the total amount of KRW 500,000 and the total amount of KRW 45 million until the end of July 2012.”

However, the facts do not require an intermediate payment in purchasing a building by an attorney-at-law, but did not require an intermediate payment, and the defendant has an obligation equivalent to about 60 million won, and the defendant borrowed from the victim with no special property or profits, thus repaying the defendant's obligation by borrowing KRW 40 million from the victim and intended to use it for the cost of living. Therefore, even if the above money was borrowed from the victim, there was no intention or ability to use it as an intermediate payment for purchasing a building or pay the proceeds

Around April 26, 2012, the Defendant received from the victim a remittance of KRW 40 million as a deposit account in the name of the Defendant in the bank account in the name of the Defendant.

Accordingly, the defendant deceivings the victim more than twice in total and delivers a total of KRW 50 million.